An Act To Amend the Charter of the Bingham Water District

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  the Bingham Water District has lost a significant portion of its customer base in the last few years; and

Whereas,  the Bingham Water District has invested in infrastructure improvements for its customers; and

Whereas,  the debt obligations of the Bingham Water District are increasingly difficult to meet with fewer customers; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Sec. 1. P&SL 1911, c. 13, §6, 2nd ¶  is repealed and the following enacted in its place:

Each member is entitled to compensation as recommended by the trustees and approved by a majority vote of the municipal officers of the Town of Bingham and Concord Township. Certification of the vote must be recorded with the Secretary of State and recorded in the bylaws.

Sec. 2. P&SL 1911, c. 13, §6, last ¶  is amended to read:

The said water district, at any legal meeting thereof called for the purpose, may adopt such by-laws bylaws and provisions, not inconsistent with the constitution and laws of this state State and of the United States, as they may deem determine expedient and necessary for the good government and regulation of the municipal affairs of said the water district , in which case, such by-laws . The bylaws and provisions so adopted shall apply to said the water district as fully, to for all intents and purposes, as the other provisions of this act, subject to alterations and additions only by a two-thirds simple majority vote of the legal voters of said the water district present and voting at a legal meeting thereof called for the purpose.

Sec. 3. P&SL 1911, c. 13, §8, sub-§6  is enacted to read:

6. Notwithstanding any other provision of law to the contrary, the board of trustees may adopt and implement a resolution that provides that, if a customer voluntarily disconnects the customer's property from the water system, the customer and any successor or assign of the customer continues to be obligated to pay any minimum charge in the water district's schedule of rates that was applicable to the property at the time of the disconnection.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

SUMMARY

This bill amends the charter of the Bingham Water District by amending the procedure by which the board of trustees receives compensation, changing the vote to amend the bylaws from a 2/3 vote to a simple majority and authorizing the board of trustees to adopt a resolution that provides that the minimum charge for water service continues to apply to property that is disconnected from the system.